logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.11.15 2017고단1375
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On October 2, 2006, the Defendant received a summary order of KRW 4 million from the Ulsan District Court to a fine of KRW 1,00,000 as a crime of violating the Road Traffic Act, and on July 13, 201, the same court received a summary order of KRW 4 million from a fine of KRW 1,00,00 as a crime of violating the Road Traffic Act.

On March 24, 2017, at around 21:30, the Defendant driven a DNA car under the influence of alcohol concentration of about 0.100%, without obtaining a driver's license, from the front of the Green 23-ro, Ulsan-gu, Ulsan-ro 23, Ulsan-gu, Seoul-ro, to the front road, around 21:46 on the same day, at approximately 350 meters away from the 350-meter section from the front of the same day to the front road, while under the influence of alcohol concentration of about 0.10%.

Accordingly, the Defendant, who violated his duty not to drive alcohol more than twice, was driving under the influence of alcohol again without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Each investigation report (the sequence 7,8 of evidence list);

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Evidence List No. 16) statute;

1. Driving under the influence of alcohol at least three times under relevant Acts on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act: Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. On December 9, 2015, the Defendant was sentenced to a suspended sentence of ten months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Ulsan District Court on the Aggravated Punishment, etc. of Specific Crimes (fugitive vehicles) at the Ulsan District Court on December 9, 2015, and the judgment became final and conclusive on December 17, 2015, and is currently subject to a suspended sentence, and was under the influence of drinking while having no license during the period

The drinking driving and non-licensed driving are considerably high, and the alcohol concentration in blood is not much significant.

It is inevitable that the defendant should be sentenced to punishment.

On the other hand, the Defendant was absent from the date of the pronouncement of September 13, 2017 on the ground that the Defendant performed a sudden surgery.

e.g.

arrow